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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37044
Experience:  30 years in civil, probate, real estate, elder law
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My Father just passed away and I have the arigional legal

Customer Question

Good evening, my Father just passed away and I have the arigional legal Will but he crossed names off in red marker is this Will still Legal?
Submitted: 5 months ago.
Category: Legal
Expert:  Ray replied 5 months ago.

Hi and welcome to JA. Ray here to help you tonight.

Honestly probably not probatable will.Since it has scratch outs here no way to tell if they were his and it would not meet the requirements under PA law.So you may be looking at court supervised administration and the laws of intestacy would be applied here in PA.

I am so sorry for your loss of father I am sure that this is overwhelming for you.

Law of intestacy--means no valid will.

f you die with:

here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants or parents
  • spouse inherits everything
  • spouse and descendants from you and that spouse
  • spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance
  • your descendants inherit everything else
  • spouse and descendants from you and someone other than that spouse
  • spouse inherits 1/2 of your intestate property
  • descendants inherit everything else
  • spouse and parents
  • spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance
  • parents inherit remaining intestate property
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything

The Spouse’s Share in Pennsylvania

In Pennsylvania, if you are married and you die without awill, what your spouse gets depends on whether or not you have living parentsor descendants -- children, grandchildren, or great-grandchildren. If youdon’t, then your spouse inherits all of your intestate property. If you do,they and your spouse will share your intestate property as follows:

If you die withparents but no descendants. Your surviving spouse inherits the first $30,000of your intestate property, plus 1/2 of the balance.

Lawyer referral here

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=PA

I appreciate the chance to help you tonight.Thanks again.

Expert:  Ray replied 5 months ago.

There are four main requirements to the formation of a valid will:

  • The will must have been executed with testamentary intent;
  • The testator must have had testamentary capacity:
  • The will must have been executed free of fraud, duress, undue influence or mistake; and
  • The will must have been duly executed through a proper ceremony.

Its the scratch outs here. they would not have been witnessed, no way to tell if he made them here and when, etc.

Expert:  Ray replied 5 months ago.

This sets out the intestate process..

http://www.wolfbaldwin.com/Probate-Articles/Dying-Without-a-Will-Intestate-Succession.shtml

The big difference is that the court has to supervise and approve everything along the way , expect this to take 12- 18months start to finish.